January 28, 2009

Impeachment trial: Blagojevich to give own closing argument

House Prosecutor David Ellis rested his impeachment case against Gov. Rod Blagojevich after he finished with witness testimony.

The Senate trial will reconvene for closing arguments at 10 a.m. Thursday.

Updated by Ray Long and Ashley Rueff at 3:50 p.m. Blagojevich to give own closing argument

Gov. Rod Blagojevich will come to Springfield to make the closing argument in his own impeachment trial Thursday.

Lucio Guerrrero, Blagojevich’s spokesman, said the governor wants to defend himself and also is responding to comments made by Senate President John Cullerton the past two days in which he urged Blagojevich to appear.

"Sen. Cullerton asked him to come down," Guerrero said. "So he's taking him up on that and wants to give his closing arguments… That's something he wanted to do."

But don't expect Blagojevich to resign during his speech to avoid being removed from office, Guerrero said.

"I do now know now of any plans to resign. I don't think he's going down there to resign, I think he's going to make his appeal to senators," he said.

Word of the governor's request to appear was delivered by a top aide to one of Cullerton’s top staffers only moments before Cullerton announced the governor's plans on the Senate floor.

"I've been informed that the governor would like to come here tomorrow and (ask) leave of us to file an appearance," Cullerton told the Senate. "We would have to give him permission to do that, I would urge us all to give him that leave so he can argue as his own attorney.

"The rules would allow him an hour and a half to do that from 11 to 12:30. My suggestion is we would then take a break and the House prosecutor then would have 30 minutes for rebuttal, and at that point in time, we would then start our deliberations."

Immediately upon Cullerton's announcement, senators broke into wide grins and started leaned over to talk quietly to their seatmates.

Blagojevich, who has boycotted the impeachment trial up to this point, will not take questions from senators, Cullerton said.

The Senate had been expecting final witnesses today and a single closing argument Thursday morning from House prosecutor David Ellis.

Now, Blagojevich also will speak. Under the trial rules, the governor first has to ask for permission. It's a motion the Senate is expected to approve.

Posted at 2:10 p.m. Last witness to take stand this afternoon

House prosecutor David Ellis said he will call his last witness, Auditor General Bill Holland, for about an hour of testimony this afternoon.

Holland's testimony will follow that of Andrew Morriss, a law professor at the University of Illinois College of Law. He's on the stand now addressing the Illinois Senate at Gov. Rod Blagojevich’s impeachment trail.

Morriss teaches the intricacies of how to administer laws once they hit the books. He addressing whether Blagojevich bypassed the rule-making process that implements the finer points of law.

Before Morriss took the stand, Senate Minority Leader Christine Radogno (R-Lemont) expressed concern over the shrinking witness list after the prosecution announced it would not be calling Rep. Lou Lang (D-Skokie) to testify.

"Our concern is a reflection of the fact that fewer witnesses will lessen the ability of the people of the state to understand what's going on here," Radogno said.

After lunch, the Senate brought a line of questions for witness Vicki Thomas, asking her to explain what it was like to work with the Blagojevich administration in her role as executive director of Joint Committee on Administrative Rules.

Thomas said the difference between Blagojevich's administration and previous administration is that "in the previous administrations, we dealt directly with agency, personnel who were very free in answering substantive questions."

In contrast, in Blagojevich's administration, "agency people in many cases have not been able to speak directly to JCAR."

Thomas said, to her knowledge, no other administration has ignored the rulings of JCAR.

Posted at 1:25 p.m. Senate back

Senators are back in the chamber, hearing testimony from an administrator who oversees the finer points of Illinois law. It's part of the effort to show that Blagojevich abused his executive authority by expanding health care coverage without legislative approval.

Posted at 11:23 a.m.

The impeachment trial is expected to start back up around 1 p.m. as Senate Democrats and Republicans hold private separate meetings and get lunch.

Posted at 10:10 a.m. Cullerton calls out Blagojevich for no-show

Senate President John Cullerton (D-Chicago) challenged Gov. Rod Blagojevich today to stop giving national television interviews and to take questions directly from lawmakers at his impeachment trial.

“If he wants to come down here instead of hiding out in New York and having Larry King asking questions instead of the senators, I think he’s making a mistake,” Cullerton said outside Senate chambers. “He should come here and answer the questions and provide the context that he claims these statements are being taken out of.”

Cullerton also took issue with Blagojevich's complaints that the trial is unfairly stacked against him.

"Before I suggested that perhaps the governor had just been misreading the (Senate) rules, now I'm pretty sure he's lying about the rules," Cullerton said. "He's had plenty of time to read these rules. I saw him on television last night. He flat out misrepresented what these rules said.”

“He wants us to change the rules," Cullerton said. "I’ll tell you one rule that I would be willing to change, and that is for us to ask questions directly, not in writing, of the governor."

Posted at 9:36 a.m.

Senate President John Cullerton (D-Chicago) has gaveled the Senate into session, and Chief Justice Thomas Fitzgerald gaveled the impeachment trial back in order at 9:28 a.m.

Posted at 7:40 a.m.

Gov. Rod Blagojevich's voice can be heard on TV and talk radio everywhere these days, but his loudest words may turn out to be the ones played on FBI recordings at his Senate impeachment trial.

Senators were buzzing after the governor's voice boomed through their chamber Tuesday on day two of his historic impeachment trial. Some thought the snippets of the governor talking about a gambling bill and a campaign contribution from a horse track owner had sealed the deal for a vote this week to convict and remove Blagojevich from office.

Others were less sure. You can find today's newspaper story here and the recordings and transcripts here.

There are no new recordings when the trial resumes today at 9:15 a.m. On tap are several House members and state officials, including some set to testify about the governor's efforts to go around the legislature on health care programs. In addition, Auditor General William Holland is expected to testify about the governor's effort to obtain a flu vaccine the state was never able to use, and his little-used program to help citizens save money by purchasing prescription drugs from Canada.

Just returned from a two-day New York media tour during which he blasted the trial as unfair, the governor will find himself facing Chicago reporters eager to get his side of the tapes. At the statehouse, senators are telling the governor he better get to Springfield and tell his side of the story to them--before it's too late.

But some think that's already the case. Attorney General Lisa Madigan predicted Blagojevich could be removed by Thursday. And Lt. Gov. Pat Quinn is prepared to head to Springfield today, to be in place to take the oath of office.

Comments

Blago might be an idiot -- well, Blago's certainly an idiot -- but there's no question this "trial" is a kangaroo court with absolutely no sense of justice, fair play, or due process. In the United States of America you get to put on a defense. Those tapes are vacuous at best; there was no evidence of criminal activity in those tapes.

Clearly, this is nothing more than a coup d'etat by a gaggle of politicians who are at the very least every bit as noxious as the governor, led by a jackal who is too weak to run for office on his own steam. Over all, a VERY embarrassing affair for the state of Illinois.

Remove Blago from office NOW!! I don't think he is capable of holding any public office. I am thankful for all the people from down state understand this man has lost all his respect and I hope he cleans his office out today! I feel he is a total idiot!! I hope you will prosecute him and strip him of everything!

Gotta love now that his trial is almost done he feels the need to show up. If i were the senate members I'd vote NO and not allow him to speak. Glad he feels a TV campaign in New York is better for is Public Image. Can't wait to see this guy sitting next to Ex Govern Ryan.

I want to straighten out this misconception of Blago "Helping" people with his health insurance coverage. Does anyone truly think $650 a month is "affordable" insurance ?? Not me, I couldn't afford it after losing my job. So its just another Blago "smokescreen".

Sure show up the last day to care about your trial. Would be a great idea for the rest of the senate to vote so that he can't talk. Since he didn't care about being there and had to be in New York bad mouthing us all why should we let him talk now. It's Time to say Good Bye. Kick is butt to the curb.

I think Rod Blagojevich was already found guilty before the hearing even started. When the first hearing took place the FBI allowed the senate to hear partial clips of the phone recordings, why not let them hear the entire phone conversations from hello to goodbye if this is a hearing.

Blago is like a child. He will have tantrums and won't listen. He does not understand right from wrong. The governor wasted his time by doing his media blitz. If he thinks this entire process is unfair, then he should have gone to Springfield before and during the proceedings rather than wait until the end. If I were in his position and I felt that I did no wrong, then I better have been there to defend myself to the very people that will decide my fate. The national media? Ha! Facts are fact. He may not have "sold" that senate seat but in turn, he was in the process of doing so and that is just as bad. For those out there who have doubts, think about this. If someone was planning to do something bad (murder or robbery), you can still get arrested for the attempt. This is the exact same thing. His own lawyer quit because Blago has no concept of "what you will say will be held against you". He is a public official, he should have known better.

Now I know why the State of Illinois has pushed so hastily to force our governor out of office.

According to the H.R. 1 document passed by the House today, the State of Illinois cannot get any of the stimulus money until he is out of office.

Here is the section that stipulates Blagojevich must be out of office before the state gets the money.

“ec. 112. Additional Assurance of Appropriate Use of Funds

None of the funds provided by this Act may be made available to the State of Illinois, or any agency of the state, unless (1) the use of such funds by the State is approved in legislation enacted by the State after the date of the enactment of this Act, or (2) Rod R. Blagojevich no longer holds the office of Governor of the State of Illinois. The preceding sentence shall not apply to any funds provided directly to a unit of local government (1) by a Federal department or agency, or (2) by an established formula form the State.”

I wish him luck and want to see him continue as the Governor many politicians in the State and Chicago have done much more. He should have been able to have witnesses, Emanuel, jarrett, obama, etc. to prove he is truly their scapegoat.

If I were an Illinois politician I would be crappin my pants! What is this guy gonna say? He's goin down and he knows it! Who is he gonna drag down with him? I think we know a couple. But the question is, ahem, will he give up others? Will he drag down others involved, and roll over for the feds? You bet! So get your pencil and scorecard ready!

Now this egomaniac want to make closing statements at the impeachment trial? How convenient that he doesn't have to answer questions now. I hope the Senate doesn't fall for his BS & they vote to impeach. It's long overdue.

Impeachment is based on job performance, like an evaluation. It is called a trial because it's an elected offical and our IL Constitution elevates IL hiring/firing "at will" accordingly. Rules are very clear and to date our legislature is doing a great job to make everything fair for Blago. Unfortunately Blago has insulted us, the legislature, and the process for personal gain. Exposure of Milrod is what it takes for everyone to see his M.O.
1. Blame everyone else
2. Say "It's taken out of context"
3. Say "It's unfair"
4. Threaten them ("They want me out for a tax increase")

Is he appearing as himself or as an attorney representing himself? Will he be sworn in? Can he be charged with perjury for lying as he could be as a witness? Perhaps this was his intent all along... to ramble on and on about his innocense and other false accusations and out of context stuff without fear of perjury.

For those worrying about Blago suing for being improperly fired, realize that is highly unlikely.

For one, state governments are almost unilaterally exempted from federal discrimination laws. It is a separation of powers constitutional issue.

As the state courts are governed by the state constitution, and the state constitution gives the legislature broad powers to remove the governor, they are pretty much powerless to do anything about it.

That said, almost every discrimination law exempts political positions.

Bottom line, it is highly unlikely any court, federal or state, will even touch this issue. If it were tried, it would just get rejected without consideration.

It's hard to know what the end game was supposed to be, for this egomaniac. Since presumably he was aware, going into the week, that no one with a brain considered the media blitz a good strategy--- I have to assume he decided to just grab his 15 minutes of national exposure, even if it exposed him for the ridiculous sham that he is. I read he's concerned with what he'll tell his children. In a few years, when they're older and can see the truth for themselves, it's going to be unfortunate that this carnival side show is the last impression he'll leave, as governor.

You folks need to read Zorn's column. Despite all his complaining, the Governor can call witnesses - they're just subject to the approval of the senate. If this were a criminal matter (which it's not), he would not have the right to call an unlimited number of irrelevant witnesses either. He wants to call Rahm Emmanuel, when no one is accusing G-Rod of having improper conversations with him. It's just a ploy to get concessions by threatening to drag the Messiah down into the mud too.

This is very typical of Blago. Don't show up for the beginning, don't follow procedures, don't care what anyone else thinks, just show up at the end to rant.

And for those that claim he wasn't allowed to call witnesses, you're falling for Blago's B.S. He had until last Wednesday to submit a list of witnesses for him to call, but he instead spent the day whining about how unfair the trial would be. The only restriction on witnesses is that he can't call them in a way that would compromise the criminal trial.

So now he wants to talk? What's that old saying about lawyers with fools for clients....something about representing yourself.......No news there - we already know he's a FOOL!!
Let this be done this week; citizens of Illinois deserve better than this. Remove Blago from office...NOW.

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